You're viewing Docket Item 163 from the case . View the full docket and case details.

Download this document:




Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 1 of 6

A0245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

Southern District ofNew York

UNITED STATES OF AMERICA

v.

Alphonse Trucchio

THE DEFENDANT:

)
)
)
)
)
)
)
)

JUDGMENT IN A CRIMINAL CASE

Case Number: S1 11 cr 614-01

USM Number: 04510-748

Gerald McMahon

!t'pleaded guilty to count(s)
o pleaded nolo contendere to count(s) _ . - .._ - - - ..­

one

which was accepted by the court.

o was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section

Nature of Offense

18 USC 1962(d)

Racketeering conspiracy

The defendant is sentenced as provided in pages 2 through

..-.__.._

..__.._

..__.__.._

..__._..__.._-_••• _ - - ­

Offense Ended

~Oll

one

6


- - - -

of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
o The defendant has been found not guilty on count(s)
~Count(s)

any open

0 is

~are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change ofname, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material cnanges in economIC circumstances.

D,,, oflmpo.tioo OfJ'i(?1~--..-====

7/26/2012

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:----r--~-
i DATE FILED: 7 /"2.-f..o) rz.

Signature of Judge

Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 2 of 6

AO 245B

(Rev. 09/08) Judgment in Criminal Case
Sheet 2 -

Imprisonment

DEFENDANT: Alphonse Trucchio
CASE NUMBER: 51 11 cr 614-01

Judgment - Page

of

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

total term of:
121 months (concurrent term of imprisonment with 11 cr 12)

rt The court makes the following recommendations to the Bureau of Prisons:

It is recommended that the defendant be placed in a facility close to New York City. It is also recommended that the
defendant receive credit for time served including the time between 1120/11 and 9/20/11.

rt The defendant is remanded to the custody of the United States MarshaL
o The defendant shall surrender to the United States Marshal for this district:

o at
a.m.
o as notified by the United States MarshaL

0

o p.m.

on

..- - -

~

.~.-~ ~-------

....

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
o before 2 p.m. on
o as notified by the United States MarshaL
o as notified by the Probation or Pretrial Services Office.

~~--...- -...- -..- - - ­

I have executed this judgment as follows:

RETURN

Defendant delivered on

to _

.._ -...._ - - -...._ - - - - - - - - - ­

a _ ...____..~__ ...__~ __ ._~ ___ ._~.... __...__ , with a certified copy of this judgment.

uNITED STATES MARSHAL

Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 3 of 6

AO 2458

(Rev. 09/08) Judgment in a Criminal Case
Sheet 3

Supervised Release

DEFENDANT: Alphonse Trucchio
CASE NUMBER: 51 11 cr 614-01

Judgment-Page _.~~ of

6

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
5 years

The defendant must report to the probation office in the district to which the defendant is released within 72 hours ofrelease from the

custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check. ifapplicable.)

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonment ana at least two periodic drug tests
thereafter, as determined by the court.
o
rt The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check. ifapplicable.)
o The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check. ifapplicable.)
o

The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.c. § 16901, et seq.)
as direc.ted by the probatIOn offi~er, the Bureal.,l of Prisons, or any state sex offender registration agency in which he or she resides,
works, IS a student, or was convIcted of a qualIfymg offense.

(Check. ifapplicable.)

o The defendant shall participate in an approved program for domestic violence. (Check. ifapplicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the

Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions

on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1)

2)

3)

4)

5)

6)

7)

8)

9)

10)

11 )

12)

13)

the defendant shall not leave the judicial district without the permission of the court or probation officer;


the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of

each month;

the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

the defendant shall support his or her dependents and meet other family responsibilities;

the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;


the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;


the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any

controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

the defendant shall not associate with any Rersons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation ofany
contraband observed in plain view of the probation officer;

the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

as directed by the probation officer, the ~e(endant shall notify.third parties .of risks that may be occasion~d by !he defendant's criminal
record or ;personal history. or charact,?nstIC1s and sJ:1all permIt the probatIOn officer to make such notIfications and to confirm the
defendant s compliance With such notificatlOn reqUirement.

Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 4 of 6

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 3A - Supervised Release

DEFENDANT: Alphonse Trucchio
CASE NUMBER: 81 11 cr 614-01

Judgment-Page

4

ADDITIONAL SUPERVISED RELEASE TERMS

1- If deemed necessary by probation, defendant shall participate in a program approved by the U.S. Probation Office for

substance abuse which program shall include testing to determine whether the defendant has reverted to the use of drugs

or alcohol. The defendant may be required to contribute to the costs of services rendered (copayment) in an amount to be

determined by the probation officer, based on ability to payor availability of third party payment;

2- Defendant shall be supervised in his district of residence;

3-Defendant shall report to probation within 48 hours of his release from custody.


AD 245B

Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 5 of 6

(Rev. 09/08) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties

DEFENDANT: Alphonse Trucchio
CASE NUMBER: S1 11 cr 614-01

Judgment

Page

of

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

TOTALS

$ 100.00

Assessment

Fine
$ 0.00

Restitution

$ 0.00

o The determination of restitution is deferred until

after such determination.

-----

. An Amended Judgment in a Criminal Case (AO 245C) will be entered

o The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately ProQortioned8ayment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.c. § 3664 1), all nonfederal victims must be paid
before the United States is paId.

Name ofPavee

Total Loss*

Restitution Ordered Priority or Percentage

TOTALS

$

0.00

0.00

o Restitution amount ordered pursuant to plea agreement $
o The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.c. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.c. § 3612(g).

o The court determined that the defendant does not have the ability to pay interest and it is ordered that:

o the interest requirement is waived for the
o the interest requirement for the

0

fine

0

fine 0

restitution.

0

restitution is modified as follows:

*Findings for the total amount oflosses are required under Chapters 109A, 110, 110A, and 113A ofTitle 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

AD 245B

Case 1:11-cr-00614-RMB Document 163 Filed 07/26/12 Page 6 of 6

(Rev. 09/08) Judgment in a Criminal Case
Sheet 6

Schedule of Payments

DEFENDANT: Alphonse Trucchio
CASE NUMBER: 81 11 cr 614-01

SCHEDULE OF PAYMENTS

Judgment - Page

of

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

A ~ Lump sum payment of $ 100.00

due immediately, balance due

o
D

not later than
in accordance

D C, D D, D

, or

E, or D F below; or


Payment to begin immediately (may be combined with DC,

o D, or D F below); or

Payment in equal

(e.g.• weekly, monthly. quarterly) installments of $

over a period of

(e.g.. months or years), to commence _~..__... (e.g., 30 or 60 days) after the date of this judgment; or

B
c

0

0

D D Payment in equal

(e.g., weekly, monthly. quarterly) installments of $

___ ..__...._ over a period of

(e.g., months or years), to commence

(e.g., 30 or 60 days) after release from imprisonment to a

teon of supervision; or

E D Payment during the teon of supervised release will commence within

(e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F D Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, ifthis judgmentimposes imprisonment, payment ofcriminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk ofthe court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

o

Joint and Several

Defendant and ~o-Defen<4tnt Name~ and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and correspondmg payee, If appropnate.

D The defendant shall pay the cost of prosecution.


D The defendant shall pay the following court cost(s):

o The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the follow.jng order: (1) !lssessment, (2) re~tituti<!n principal, (3) rest~tution interest, (4) fine principal,
(5) fine interest, (6) community restitutIOn, (7) penalties, and (8) costs, mcludmg cost of prosecutIOn and court costs.